questions & answers

Question: I have a 4 yr old child.The father and were never married. Fathers name is on the birth certificate. He has never paid child support. The father does keep the child for the week end for the last 2 yrs. I want to move to another state. Will there be a legal issue?

Answer: Your question does not indicate whether there are court orders as to custody and visitation for your child.If there are orders in place, you will need to provide at least 45 days advance notice before taking your child to another state. The notice must be by certified mail, return receipt requested.(Arizona Revised Statutes, section 25-408). That notice gives the other party a chance to petition the court to prevent you from moving the child. If there are no court orders in place, the father has the right to file a petition for custody and ask the court to either prevent the move or take some other action to guarantee his access to his child.(A.R.S, section 25-403). Talk to a lawyer to find out what your rights and responsibilities are. There are programs in Arizona that you can use to get some inexpensive legal advice and guidance. One is the Modest Means Program. For a $75 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney. The telephone number is (866) 637-5341.  The second program is the Maricopa County Bar Association Lawyer Referral Service.  For a $40 fee, Maricopa County Bar Association Lawyer Referral Service Lawyer Referral will set you up with a 30 minute consultation with an experienced lawyer. The telephone number is (602) 257-4434.